Disabilities, Discrimination, and Reasonable Accommodation

Karlan, Pamela S.; Rutherglen, George

doi:10.2307/1372964

Cited by 18 publications

(6 citation statements)

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“…The empowerment of for all intents and purposes disabled people through employment in the United States mostly is analysed by Karlan & Rutherglen (1996). Though the focus particularly is largely based on providing reasonable accommodation in view of the American Disability Act, the responsibilities of the employers are also taken into consideration in a subtle manner in the detailed analysis presented by the author in this work.…”

Section: Evolution Of Relationship Between Disability and Employmentmentioning

confidence: 99%

Disability in the Workplace: Legal Barriers Affecting Human Resources Management Practices and Workplace Accommodation for the Persons with Disabilities in Sri Lanka - A Review of Literature

Chandratilaka¹,

Gamage²

2021

VJM

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Disability can be defined as a physical or mental condition that barred such individual from properly interact with physical or social environment. This difficulty provided root course for historical marginalization of persons with disabilities in the society and visible in various fields ranging from education to employment and being analysed by various scholars. This literature review explores the question how various scholars approached the social political and legal issues arise out of low employment rate of the persons with disabilities and expressed their views on how to solve them. Since a systematic literature review has not been conducted in Sri Lanka on this topic, to answer the aforesaid research problem, author will evaluate multiple scholarly approaches towards the barriers affecting human resource practices and workplace accommodation for persons with disabilities and explore solutions available in the existing literature to resolve such issues. This research will be based on literature review methodology and first of such work in the field of disability rights in Sri Lanka. Thereby, results of this research will be produced by collecting and synthesizing previous research for advancing knowledge and facilitating theory development. However, literature survey was limited to the works which recently published in English language and meet certain scholarly standards.

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Section: Evolution Of Relationship Between Disability and Employmentmentioning

confidence: 99%

Disability in the Workplace: Legal Barriers Affecting Human Resources Management Practices and Workplace Accommodation for the Persons with Disabilities in Sri Lanka - A Review of Literature

Chandratilaka¹,

Gamage²

2021

VJM

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“…4 A reasonable accommodation requirement in the employment context therefore prohibits an employer from denying an individual with a disability an employment opportunity by failing to take account of the characteristic, when taking account of it -in terms of changing tasks or the physical environment of the workplace -would enable the individual to do the work. 5 Employers are required to recognize the characteristic and to consider what changes they could make to the work environment to allow an individual to carry out the work to the required standard. This implies that, '(i)nstead of requiring disabled people to conform to existing norms, the aim is to develop a concept of equality which requires adaptation and change'.…”

Section: Peculiarities Of Disability Non-discrimination Lawmentioning

confidence: 99%

Fine-tuning non-discrimination law

Waddington

2014

International Journal of Discrimination and the Law

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This article explores the various exceptions to the non-discrimination principle and the justifications for different treatment that apply in the disability context. For the purposes of this article, exceptions are situations that are excluded from the scope of non-discrimination law and where different treatment is allowed, whilst justifications are situations in which non-discrimination law applies, and where de facto different treatment is either required or allowed, and the limits to such requirements. The article begins by briefly discussing the peculiarities of disability non-discrimination law, addressing the requirement to make a reasonable accommodation, the asymmetrical nature of disability non-discrimination law, and positive action obligations. The article then introduces the key non-discrimination requirements found in United Nations and European Union disability equality law, before proceeding to examine a number of exceptions to the non-discrimination principle and justifications for different treatment. The article concludes that exceptions and justifications can be a tool to fine-tune or target non-discrimination law, with the potential to both limit and extend protection, in the context of disability.

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“…73 This justification defence requires the employer to discover and reveal the potential costs of eliminating the hiring rule in the same way that the duty of accommodation functions as an 'information-forcing rule'. 74 Then the court must balance those costs to the employer against the exclusionary impact of the rule.…”

Section: Positive Actionmentioning

confidence: 99%

Discrimination, Equality and Social Inclusion

Collins¹

2003

Modern Law Review

107

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Although laws against discrimination have conventionally been justified and articulated according to various conceptions of equality, tensions between different notions of equality undermine the coherence of these explanations. The aim of social inclusion is proposed as part of an alternative justification for discrimination laws. As well as exploring the meaning and implications of the policy of social inclusion for discrimination laws, the extent to which the law already embodies this idea is assessed with particular reference to the scope of anti‐discrimination laws, proof of discrimination, justification defences, and positive discrimination. It is concluded that the goal of social inclusion has the potential to provide a vital ingredient in a more coherent, though not uncritical, account of the aims of anti‐discrimination legislation.

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Disabilities, Discrimination, and Reasonable Accommodation

Cited by 18 publications

References 0 publications

Disability in the Workplace: Legal Barriers Affecting Human Resources Management Practices and Workplace Accommodation for the Persons with Disabilities in Sri Lanka - A Review of Literature

Disability in the Workplace: Legal Barriers Affecting Human Resources Management Practices and Workplace Accommodation for the Persons with Disabilities in Sri Lanka - A Review of Literature

Fine-tuning non-discrimination law

Discrimination, Equality and Social Inclusion

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